Bill C-65: An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1

On October 25, 2018, Bill C-65: An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, received Royal Assent.

Prior to Bill C-65, the Canada Labour Code did not include provisions related to workplace violence and harassment, unlike provincial legislation such as, Ontario’s Occupational Health and Safety Act (“the OHSA”). The Bill provides the following definition of harassment and violence (which differs from the definition contained in the OHSA):

“Harassment and violence means any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment.”

The amendments to the Canada Labour Code set out obligations for employers to prevent, protect against and address workplace violence and harassment including, providing training, policies, reporting requirements and investigation obligations, among other obligations and requirements.

Interestingly, the Bill provides a three month timeframe in which a former employee can raise an issue of violence or harassment following the end of the employment relationship. However, a former employee can request a reconsideration by the Minister who has the authority to extend the timeframe.